This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

33658 

Vol. 76, No. 111 

Thursday, June 9, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0564; Directorate 

Identifier 2011–NM–021–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2B19 (Regional Jet 

Series 100 & 440); Model CL–600–2C10 

(Regional Jet Series 700, 701, & 702); 

Model CL–600–2D15 (Regional Jet 

Series 705); and Model CL–600–2D24 

(Regional Jet Series 900) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

There have been several in-service reports 

of airspeed mismatch between the pilot and 

co-pilot’s airspeed indicators. It was 

discovered that during or after heavy rain, 

the pitot-static tubing may become partially 

or completely blocked by water, which fails 

to enter the drain bottles. Investigation 

revealed that drain bottles used in the 

primary pitot-static system include check 

valves, which impede the entry of water into 

the drain bottle. This condition, if not 

corrected, may result in erroneous airspeed 

and altitude indications. 

* * * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by July 25, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; phone: 514– 

855–5000; fax: 514–855–7401; e-mail: 

thd.crj@aero.bombardier.com; Internet: 

http://www.bombardier.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Alfano, Aerospace 

Engineer, Airframe & Mechanical 

Systems Branch, ANE–171, New York 

Aircraft Certification Office (ACO), 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone: 

516–228–7340; fax: 516–794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0564; Directorate Identifier 

2011–NM–021–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the airworthiness 

authority for Canada, has issued 

Canadian Airworthiness Directive CF– 

2010–37, dated October 28, 2010 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

There have been several in-service reports 

of airspeed mismatch between the pilot and 

co-pilot’s airspeed indicators. It was 

discovered that during or after heavy rain, 

the pitot-static tubing may become partially 

or completely blocked by water, which fails 

to enter the drain bottles. Investigation 

revealed that drain bottles used in the 

primary pitot-static system include check 

valves, which impede the entry of water into 

the drain bottle. This condition, if not 

corrected, may result in erroneous airspeed 

and altitude indications. 

This directive mandates replacement of the 

[certain] Water Accumulator Assemblies 

[with new water accumulator assemblies] to 

improve drainage of the pitot-static tubing. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Bombardier Inc., has issued Service 

Bulletin 601R–34–147, Revision B, 

dated March 8, 2011; and Service 

Bulletin 670BA–34–030, Revision B, 

dated March 23, 2010. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 


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Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Proposed Rules 33659 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 1,041 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $1,200 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$1,426,170, or $1,370 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc.: Docket No. FAA–2011– 

0564; Directorate Identifier 2011–NM– 

021–AD. 

Comments Due Date 

(a) We must receive comments by July 25, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Bombardier, Inc. 

Model CL–600–2B19 (Regional Jet Series 100 

& 440) airplanes, serial numbers 7003 thru 

7067, 7069 thru 7990, 8000 thru 8107, and 

subsequent; Model CL–600–2C10 (Regional 

Jet Series 700, 701, & 702) airplanes; Model 

CL–600–2D15 (Regional Jet Series 705) 

airplanes; and Model CL–600–2D24 

(Regional Jet Series 900) airplanes; 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 34: Navigation. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There have been several in-service reports 

of airspeed mismatch between the pilot and 

co-pilot’s airspeed indicators. It was 

discovered that during or after heavy rain, 

the pitot-static tubing may become partially 

or completely blocked by water, which fails 

to enter the drain bottles. Investigation 

revealed that drain bottles used in the 

primary pitot-static system include check 

valves, which impede the entry of water into 

the drain bottle. This condition, if not 

corrected, may result in erroneous airspeed 

and altitude indications. 

* * * * * 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 9 months after the effective date 

of this AD, do the actions specified in 

paragraphs (g)(1) and (g)(2) of this AD, as 

applicable. 

(1) For Model CL–600–2B19 (Regional Jet 

Series 100 & 440) airplanes identified in 

Bombardier Service Bulletin 601R–34–147, 

Revision B, dated March 8, 2011: Replace 

water accumulator assemblies having part 

numbers (P/N) 50029–001, 9435015, 50030– 

001, and 9435014 installed on the pitot and 

static lines of the air data computer (ADC) 

with new or serviceable water accumulator 

assemblies having P/N 50036–001, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

601R–34–147, Revision B, dated March 8, 

2011. 

(2) For Model CL–600–2C10 (Regional Jet 

Series 700, 701, & 702), CL–600–2D15 

(Regional Jet Series 705), and CL–600–2D24 

(Regional Jet Series 900) airplanes: Replace 

water accumulator assemblies having P/N 

50033–001 installed on the pitot and static 

lines of the ADC with new or serviceable 

water accumulator assemblies having P/N 

50036–001, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 670BA–34–030, Revision B, 

dated March 23, 2010. 

Parts Installation 

(h) As of the effective date of this AD, no 

person may install a water accumulator 

assembly P/N 50029–001, 9435015, 50030– 

001, or 9435014 for Model CL–600–2B19 

(Regional Jet Series 100 & 440) airplanes, or 

P/N 50033–001 for Model CL–600–2C10 

(Regional Jet Series 700, 701, & 702), Model 

CL–600–2D15 (Regional Jet Series 705), and 


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33660 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Proposed Rules 

Model CL–600–2D24 (Regional Jet Series 

900) airplanes on the pitot and static lines of 

the ADC, on any airplane. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(i) Replacing water accumulator assemblies 

in accordance with Bombardier Service 

Bulletin 670BA–34–147, dated April 1, 2009; 

or Revision A, dated November 3, 2009; 

before the effective date of this AD is 

acceptable for compliance with the 

corresponding replacement required by 

paragraph (g)(1) of this AD. 

(j) Replacing water accumulator assemblies 

in accordance with Bombardier Service 

Bulletin 670BA–34–030, dated April 1, 2009; 

or Revision A, dated November 3, 2009; (for 

Model CL–600–2C10, CL–600–2D15, and CL– 

600–2D24 airplanes), before the effective date 

of this AD, is acceptable for compliance with 

the corresponding replacement required by 

paragraph (g)(2) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(k) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the manager of the ACO, send it 

to ATTN: Program Manager, Continuing 

Operational Safety, FAA, New York ACO, 

1600 Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone: 516–228–7300; 

fax: 516–794–5531. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

Related Information 

(l) Refer to MCAI Transport Canada Civil 

Aviation Airworthiness Directive CF–2010– 

37, dated October 28, 2010; Bombardier 

Service Bulletin 601R–34–147, Revision B, 

dated March 8, 2011; and Bombardier Service 

Bulletin 670BA–34–030, Revision B, dated 

March 23, 2010; for related information. 

Issued in Renton, Washington, on May 31, 

2011. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–14348 Filed 6–8–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1055; Directorate 

Identifier 2010–NE–35–AD] 

RIN 2120–AA64 

Airworthiness Directives; Austro 

Engine GmbH Model E4 Diesel Piston 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to the products listed above. 

The existing AD currently requires 

frequent inspections of the fuel pressure 

supply for excessive oscillations to 

determine if high-pressure fuel pumps 

have been exposed to damaging 

pressure oscillations. Pumps that have 

been exposed require replacement 

before further flight. Since we issued 

that AD, Austro Engine, the 

manufacturer of the pump, introduced a 

new part number (P/N) fuel pump as 

mandatory terminating action to the 

repetitive inspections. This proposed 

AD would require the initial and 

repetitive inspections of AD 2010–23– 

09, but would also require installing HP 

fuel pump P/N E4A–30–200–000, as 

mandatory terminating action to the 

repetitive inspections. We are proposing 

this AD to prevent engine power loss or 

in-flight shutdown, which could result 

in loss of control of the airplane. 

DATES: We must receive comments on 

this proposed AD by July 25, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this AD, contact Austro Engine GmbH, 

Rudolf-Diesel-Strasse 11, A–2700 

Weiner Neustadt, Austria, phone: +43 

2622 23000; fax: +43 2622 23000–2711, 

or go to: http://www.austroengine.at. 

You may review copies of the 

referenced service information at the 

FAA, Engine & Propeller Directorate, 12 

New England Executive Park, 

Burlington, MA. For information on the 

availability of this material at the FAA, 

call 781–238–7125. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; phone: 781–238–7176; fax: 781– 

238–7199; e-mail: 

james.lawrence@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–1055; Directorate Identifier 

2010–NE–35–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On October 27, 2010, we issued AD 

2010–23–09, Amendment 39–16498 (75 

FR 68179, November 5, 2010), for 

Austro Engine GmbH model E4 diesel 


jlentini on DSK4TPTVN1PROD with PROPOSALS